Public policy reserve clause [European Regulation in matters of international successions]

Public policy reserve clause: Article 61(3)

This part concerns Article 61^[1]

The Regulation allows enforceability to be refused if the enforcement of that court settlement is manifestly contrary to the public policy of the Member State of enforcement.

Article 61
Enforceability of court settlements
1. Court settlements which are enforceable in the Member State of origin shall be declared enforceable in another Member State on the application of any interested party in accordance with the procedure provided for in Articles 45 to 58.
2. For the purposes of point (b) of Article 46(3), the court which approved the settlement or before which it was concluded shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 81(2).
3. The court with which an appeal is lodged under Article 50 or Article 51 shall refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy (ordre public) in the Member State of enforcement.